Romania – Construction work – Servicii de proiectare, verificare tehnică, asistență tehnică din partea proiectantului pe durata execuției lucrărilor și execuția lucrărilor de construcții-montaj aferente proiectului ”Eficientizare energetică Școala Gimnazială Mihai Eminescu”

Design, technical verification, technical assistance from the designer during the execution of the works and the execution of the construction and assembly works related to the project "Energy Efficiency of Mihai Eminescu Gymnasium School". The contract is not divided into lots. The number of days until which clarifications can be requested before the deadline for submission of tenders set by the contracting authority is 18 days. The contracting authority will fully respond to all requests for clarification on the 11th day before the deadline for submission of tenders. To the extent that requests for clarification or additional information have been addressed within the timeframe provided in the notice of participation, the contracting authority will respond to all requests for clarification within the timeframe set by the award documentation. This procedure is initiated with a suspensive clause. The awarding/acquisition procedure is initiated under the present suspensive clause, in the sense that the conclusion of the public procurement contract is conditional upon the conclusion of the financing contract, the contract being signed with respect for the provisions regarding the commitment of expenditures from the budgets that fall under the legislation on public finances. Given the provisions of Law No. 98/2016 and Government Decision No. 395/2016 with subsequent amendments and additions, the Contracting Authority specifies that it will conclude the contract with the bidder declared the winner only to the extent that the funds necessary for the acquisition will be ensured through the signing of the financing contract within the framework of PRSM 2021-2027 with the Regional Development Agency (ADR) South Muntenia. In the event that, for whatever reason, the financing contract is not signed, the Contracting Authority, after receiving the notification from the Regional Development Agency (ADR) South Muntenia regarding the refusal of financing, reserves the right to cancel the award procedure, in the event that there is no other source of financing, in accordance with the provisions of Article 212(1) lit. c) para. 2 of Law No. 98/2016 with subsequent amendments and additions, making it impossible to conclude the public procurement contract. Bidders within this procedure understand that the Contracting Authority and/or the Regional Development Agency (ADR) South Muntenia which ensures the financing cannot be considered responsible for any prejudice in the event of the cancellation of the award procedure, regardless of the nature of the prejudice and regardless of whether the Contracting Authority and/or the Regional Development Agency (ADR) South Muntenia have been notified of the existence of such prejudice. Bidders within this procedure accept the use of the above special conditions/suspensive clause, assuming full responsibility in relation to any prejudice they may suffer in the described situation. In the application of the suspensive clause mentioned, in the event that the financing decision is not issued by the expiry date of the initial validity period of the tender, the Contracting Authority has the right to request the contractor to extend the validity period of the tenders and accordingly the participation guarantee. Bidders have the obligation to respond to the request within the timeframe indicated by the Contracting Authority, a negative response or the absence of a response within the requested timeframe results in the impossibility of signing the contract, the respective offer being considered withdrawn, without this fact triggering the execution of the participation guarantee.